Category Archives: Law of Evidence

Law of Evidence

Electronic Evidence Under Indian Evidence Act, 1872

The article broadly discusses the clauses in relation to Electronic Evidence under the Indian Evidence Act, 1872. Today, virtually every crime has in it some or the other kind of electronic component. The Section 65A and 65B of Indian Evidence Act have defined the Electronic Evidence and were added to the Indian Evidence Act in the year 2000… Read More »

The Concept Of Estoppel with reference to Evidence

Origin and definition The legal meaning of the term estoppel is it’s a legal principle that prevents or stops someone from asserting a fact that is contradictory to an already established truth. In layman’s language when a court determines that a party has done or is attempting to do something that should be prevented or stopped. It issues… Read More »

Documentary Evidence and Presumptions as to Documents

INTRODUCTION As per section 3 of the Indian Evidence Act, ‘all documents produced for the inspection of the court; such documents are called documentary evidence.’ These also include electronic records and Chapter V of the Indian Evidence act deals with documentary evidence and presumptions regarding them. DOCUMENTARY EVIDENCE Section 61 This section states that if a document is… Read More »

Expert Evidence and Relevancy of Character

Expert evidence and relevancy of character are dealt under section 45 to section 55 of Indian Evidence Act. Expert Opinion The courts have been accustomed to act on the opinion of experts from the early time. The reason is obvious. There are many matters which require professional or specialised knowledge which the court may not possess and me,… Read More »

Burden of Proof and Presumptions Under Law Of Evidence

INTRODUCTION In a legal proceeding, the question as to which out of the two parties has to prove a fact is answered with the question, on which party does the burden of proof lie. The court does not demand proof of self-evident facts and also holds a presumption of continuity of things until something contrary is provided. Chapter… Read More »

Examination of Witness

INTRODUCTION Chapter X of part III of the Indian Evidence Act, 1872 deals with the examination of a witness. Section 135 lays down the order to be followed in production and examination of witnesses which is left to be regulated by the code of civil procedure and criminal procedure. If there is no provision for a particular point… Read More »